Protecting Our Civil Rights — The New Fight Against ISIS and Terrorism

Terror attacks are increasing in intensity and frequency, and it has become obvious that we must increase the invasiveness of our techniques in combating those elements. That, in turn, raises the issues of protecting our civil rights, which might be encroached upon in the process of counterterrorism activity. How we interdict violent terroristic attacks here and abroad and how we simultaneously protect our civil rights is not an easy task, but neither is it impossible. To understand the necessity of revisiting the methods of interdiction and its effects, it becomes important that we have some background in understanding the present nature of terrorism as it has evolved in recent times and as we shortly move into 2018. At the outset in our discussion we must ignore any slippery slope analysis. It does not enhance the depth of the discussion nor advance any meaningful analysis.

We should begin in June 2014. The ISIS leader, Abu Bakr al-Baghdadi declared the establishment of the Islamic Caliphate by the Islamic State in Syria and Iraq. By that summer, the Islamic State’s territory covered about a third of Iraq and between a quarter and a third of Syria. It has been estimated that ISIS had become the richest terrorist organization in the world. In response to ISIS’s overwhelming territorial capture, and within months, an American-led international coalition was fashioned to attack ISIS. Not surprising, one year later (September 2015), Russia began its military intervention in Syria, initially to prevent the collapse of the Syrian regime and later to support the regime in fighting not only ISIS but other rebel organizations, referred to as “terrorist organizations”. To expand its sphere of influence, Russia has entered into an agreement for air support rights with Egypt.

The ISIS crises came to an head in early 2015, with the commencement of an intense and non-stop military campaign for the next two and half years, up to the time of writing this Commentary ( early December, 2017). It can be said, on the ground the Islamic State no longer exits. Lost are most of its captured territory including the historic cities of Mosul and Raqqa including those areas along the Euphrates River in both Iraq and Syria. It would, however, be a terrible mistake to say we have defeated ISIS and all is well. It is not.

We have recaptured land seized by ISIS, but ISIS, as a terrorist organization (along with its immense wealth), has not been defeated. It remains a real, continuing and enormous danger to our wellbeing. ISIS motivated and inspired attacks here, at home and abroad, will continue, and if history is any judge, they will escalate in intensity and scope with the demise of its territorial loss, and as thousands of their fighters who already have returned will return to their homes with their hatred intact. In addition, there is no longer the question some of those fighters will join or rejoin with some faction of a-Qaeda from which they had initially belonged. As reported, it has already shown its ability to easily function in far-flung places, while openly conscripting new and trained fighters in areas marked by political, social neglect or oppression.

As I have written in the past, our civil rights, protected both at home and abroad, is the cornerstone of our democracy and individual well-being. They must be protected but cannot be used to lesson our ability to defend ourselves and thus be an avenue thru which we are attacked. It is equally essential we not hamper our ability to anticipate and defend against the enemy. ISIS. Not Islam. Not those “dudes”. Not those who create fake shadow targets thru the internet.

There is a subtle but elusive bond and trust between our national government and the population. It is that bond and the trust that has been created that protects our democracy. We must have faith in our government. And in return our government must be “of the people and for the people.” Any concept of a “big brother” government must be rejected; an idea that we merely cede our rights in return for protection must be rejected. Without ceding self to an authority, we at the same moment, must have in place a robust form of law enforcement that protects that fragile structure against internal and external threats. At this juncture it is essential that we have an enhanced counterterrorism mechanism in place, but as I will discuss below, with a respected independent national oversight authority as a counterbalance. Not the Attorney General appointed by a President, not individual state legislatures, not ad hoc civilian groups created for particular contentious events. We must create a congressionally constructed legal body, independent of any presidential control that is funded and answers only to a joint bipartisan congressional committee, with neither political party having a deciding vote.

We have moved far from the time when we made hard distinctions between domestic and international forms of terrorism. The line between legitimate forms of dissent and terrorism is not as ambiguous as in the past. We have come to a time when it is essential that we employ enhanced law enforcement tools to increase our ability to interdict a terrorist before (s)he attacks. Not after the attack. Concurringly, during any ongoing investigation, it is essential that there be in place a process for the civil rights protection for the target. We are long past the time of Hoover’s FBI.

As noted above, with the creation of an independent body of trained lawyers and investigators who will have the appropriate “standing” (notwithstanding not having been retained by the target of any investigation) to appear before a federal court on behalf of these person, and to maintain the necessary secrets of any enquiry will any hearing will take place in camera. The effect is that those persons or entities under scrutiny will then have legal representation without being notified of any ongoing probe. The aim of this approach is that with the risk of terrorist attacks increasing,(yesterday at Times Square in New York City) we require our national defense, to be more robust and intrusive in our terrorist investigation, and that might further encroach upon civil rights. In order to minimize that intrusion and to be as certain as possible that whatever invasive procedure is permitted by court order, there must be evidence that underscores the seriousness of the potential threat and necessitates the need for the enhanced counterterrorism techniques requested. For that we need something more than the Government’s mere unilateral claim and procedural request to a court.

What becomes vital in our democracy is an independent analysis and review of the government’s request. This is accomplished by the creation of an autonomous group of attorneys who would appear before the appropriate court and act on behalf of the targets without the target’s knowledge. A safeguard is thereby created to protect against the government’s potential overreaching and violating the targets civil rights but also to provide the government with the appropriate, more intrusive tools to counteract a potential attack.

Aside from the lone copycat who more often than not flies-under-the-radar, terrorism on a larger scale is becoming more sophisticated and complicated in method and structure. It is essential that we refine and improve our methods of investigation or we will lose in that battle.

Richard Allan,
The Editor

The Fate of Luca

On a day that we have been introduced to Luca—you don’t know Luca? The New York Times tells us that we have been provided with a “surprising specific genetic portrait of the ancestor of all living things…” Its name is Luca. Luca, the living thing that started the ball rolling until we stand tall on two hind legs throwing bombs at each other. That news stopped me dead in my tracts. Not that I am in any fashion a science buff, but that fact –Luca–examined by itself –is startling when juxtaposed to the chaos surrounding us at all levels today.

We are now learning how we started out on this planet-earth at the same moment we are in the process of self-destroying our very being. It is not some massive volcano whose fumes are blocking the sun; nor is it an alien planet that will slam into us and take us back to the time of the extinction of the dinosaurs.

Nineteen are killed and twenty-nine are injured by a man wielding a knife, not at some military installation, but a facility for the disabled In a Tokyo suburb. Long from the center of Paris, a terrorist attacks a village catholic church, takes hostages and kills a priest. And half-way round the world the President of Turkey is moving further and faster in destroying the democratic fiber of his country in the name of restoring order. If that Country were not vital in the multiple wars in Syria and against ISIS, I doubt if we would tolerate his moving the clock back in a part of the world that should be moving forward. This democratically elected president has begun a witch-hunt, a systematic campaign of violence against those who hold a different view from his own. Not only has he arrested thousands accused of having a connection, however tenuous, to the conspiracy to overthrow his non-democratic regime, but he has fired tens of thousands of teachers, bankers police officers, soldiers and others. Now his vile conduct is directed against journalists for possible criminal conduct allegations. That could only mean: to curtail their writing the truth.

Turkey, under his autocratic leadership has moved to crack down on the freedom of expression, and to do that one announces a state of emergency for however long one wants to reign in the usual civil rights of citizens. When one announces a state of emergency one provides an unbound hand to a handpicked government to create whatever legislation its autocratic leader demands. There is no oversight and there is no democracy. This is Turkey today. And more than likely this is Turkey for tomorrow because of its linchpin status in the Mid-East.

Less than ten days ago a young man stormed through a train outside of Wurzburg, Germany. Crying “Allahu Akbar,” (God is greatest) he brandished an axe high into the air, then slashed at the men and women seated around him. Within minutes, the car,” looked like a slaughterhouse.” Then he fled. In a 2007 report from the Council on Foreign Relations it was noted that “security professionals see trains as some of the likeliest targets.”

And to close the circle, the Palestinian Authority President, Mahmoud Abbas has issued a formal request asking his neighboring Arab states to help in the preparation of a lawsuit against the UK over the 1917 Balfour Declaration, which established Britain’s support for a “national home for the Jewish people”. His goal is simple and direct: to delegitimize the State of Israel.

To discuss the possible success of such a move is wasted energy, but it does underscore the hypocrisy of Abbas and those around him who speak for “freedom” and the brutality of those he so violently opposes. His call for the callous attacks on civilians or those teens sleeping in their beds at night is beyond imagination. Beyond imagination because silently, unheard, he wishes the people and, in particular, the health workers of Israel good health and good hunting in their war against cancer. In recent years and until this past week, Omar, Abbas’ brother, traveled not to Iran, not to Syria, not to Egypt, not to the Saudis, not to any other Arab country in the Mid-East, but he traveled on a regular basis to the enemy of his people and his country—Israel. For medical treatment that was never denied to him.

Richard Allan,
The Editor

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